District Court, S.D. New York February 5, 1982, No. 81 Civ. 6646 (WCC) (Plaskow v. Peabody International Corp.)

OPINION AND ORDER

CONNER, District Judge:

This is a stockholders’ derivative action, Rule 23.1, F.R. Civ. P., brought by Merrill Plaskow, II, a shareholder of Peabody International Corporation (“Peabody”), to recover for the corporation short-swing profits allegedly realized by defendant Merrill Gordon (“Gordon”), a Vice President of Peabody, in violation of Section 16(b) of the Securities